Mulvaney, Falling in Line With Trump, Drops Plan to Sue Over House Subpoena
"After further consideration, Mr. Mulvaney does not intend to pursue litigation regarding the deposition subpoena issued to him by the U.S. House of Representatives," Mulvaney's lawyer, William Pittard, said in a court filing Tuesday.
November 12, 2019 at 10:54 AM
4 minute read
Mick Mulvaney on Tuesday said he would defy a U.S. congressional subpoena seeking his testimony as part of the impeachment inquiry, abruptly dropping plans to file a lawsuit to confront whether House Democrats could force him to sit for questioning.
The about-face came a day after Mulvaney's lawyer, William Pittard of Washington's KaiserDillon, told a Washington federal trial judge that the acting White House chief of staff would file his own suit confronting the power of House Democrats to compel top Trump officials to testify.
Mulvaney had previously pressed to join a lawsuit filed by former National Security Adviser John Bolton's deputy, Charles Kupperman, who went to court seeking clarity on whether he could comply with a congressional subpoena or follow the White House's instructions to not cooperate with the impeachment inquiry.
"After further consideration, Mr. Mulvaney does not intend to pursue litigation regarding the deposition subpoena issued to him by the U.S. House of Representatives," Pittard said in a court filing Tuesday. "Rather, he will rely on the direction of the President, as supported by an opinion of the Office of Legal Counsel of the U.S. Department of Justice, in not appearing for the relevant deposition."
During a telephone conference on Monday, the judge overseeing Kupperman's case expressed reluctance to allow Mulvaney to join Kupperman's lawsuit. Kupperman's lawyer, Charles Cooper of Cooper & Kirk in Washington, resisted Mulvaney's bid to join the lawsuit, saying the acting White House chief of staff had "made it clear in his papers and in public statements by his counsel that he's entirely aligned with the president."
Kupperman, on the other hand, "takes no position on the merits of the issue," Cooper said in the Monday evening telephone conference, according to a transcript of the call.
"He is, and will remain, neutral throughout these proceedings," Cooper said. "So not only will we not adequately represent the interests of Mr. Mulvaney, we won't represent them at all."
U.S. District Judge Richard Leon said on the call that he was "not inclined" to grant Mulvaney's request to join Kupperman's case as an intervenor. Leon scheduled a hearing for Tuesday afternoon to address whether Kupperman would object to letting Mulvaney's would-be lawsuit be considered a "related" case. With that designation, Mulvaney's case would be handed directly to Leon, bypassing the court's random assignment process.
In his court filing Tuesday, Pittard said "Mulvaney respectfully suggests that there no longer is a need" for that hearing. Leon, noting Mulvaney's plans, scrapped the hearing.
The Washington Post reported Monday that Mulvaney's efforts to join Kupperman's suit "baffled several administration officials." The White House reportedly had insisted that Mulvaney's litigation plans were not adverse to the interests of the president. Still, the Post report described internal discord at the White House, with Mulvaney and Pat Cipollone, the White House counsel, at times at odds with each other.
House investigators are looking at how and why President Donald Trump tried to pressure Ukrainian officials to investigate Trump's political rivals, including Joe Biden, a leading Democratic contender in the 2020 presidential race. Trump has denied that he engaged in improper conduct, describing as "perfect" a closely scrutinized call in which he appeared to pressure his Ukrainian counterpart to mount an investigation into a domestic political rival.
Mulvaney last month appeared to acknowledge an explicit quid pro quo, but he later walked back those remarks, which were televised. Mulvaney's press statement, according to the Post and other media outlets, complicated the White House positioning that Trump had not used the power of the presidency to urge a foreign power to meddle in U.S. elections.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllWho Knocked on the Supreme Court’s Door in November?
Supreme Court Takes Up TikTok's Challenge to Upcoming Ban or Sale
10th Circuit Raises 6th Amendment Bar for Prosecutors' Attorney-Client Violations
Justices to Decide if Fuel Industry Can Sue Over California’s EV Rules
Trending Stories
- 1Senate Confirms Last 2 of Biden's California Judicial Nominees
- 2Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 3Tom Girardi to Surrender to Federal Authorities on Jan. 7
- 4Husch Blackwell, Foley Among Law Firms Opening Southeast Offices This Year
- 5In Lawsuit, Ex-Google Employee Says Company’s Layoffs Targeted Parents and Others on Leave
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250